Cybercrime Law, Computer-Integrity Crime, Fraud, and Abuse.
Integrity of evidence, cyber-crime, fraud, and abuse are prefaced on the assumption that computer and internet technologies are designed to make life easier for a public and private organization, the judicial system, and forensic investigators; it has, unfortunately, made life incredibly challenging and enduring in all levels of forensic investigation. Cyber-crime, fraud, abuse, are open-ended criminal operations, allowing unauthorized users to obtain information from various sources against a target organization. Naturally, criminals are endowed with extraordinary skills and expertise to break into any organization’s secured network center. Most criminal are have access automated freeware tools available on computer and Internet and breaks into the organization’s secured network system, data, assets, resources, to make forensic investigation exceedingly tricky. Most organizations and the global community are actively using computer and internet technologies to build four walls around security data storage centers, creating an opportunity for forensic investigator’s ability to produce reliable evidence. Similarly, organizations and the global defensive approach require a proactive plan of action to guide against data breach. This section examines the primary federal statutes used to prosecute cybercrime. The focus is on the Computer Fraud and Abuse Act and the statutes criminalizing identity theft, child pornography, and copyright and trademark offenses (Casey, 2011: 86-95).
Computer Fraud and Abuse Act
The Computer Fraud and Act, Abuse is the primary source of federal law related to computer cybercrimes, and approval of the Computer Fraud and Abuse Act (CFAA) in 1986. The amendments were designed to update specific Arts provisions in light of advancements in computer and internet technologies and to address loopholes that existed in earlier versions of the Act. Criminals gaining unauthorized access to a computer, disseminating malware, launching denial of service attacks, trafficking passwords, and using computers and the internet to commit fraud. Criminals are sophisticated and can intentionally use the computer and internet technologies without authorization.
Research Question 2:1. Develop a measurable research framework of hos computer fraud and Abuse Act (CFAA) can play a role during the forensic investigation and impact on conclusive evidence in court.
Research Question 2:2. To what extent can the computer fraud and Abuse Act (CFAA) of 1986 empowers forensic investigation to bring cyber-crime, fraud, and abuse to justice.
Naturally, criminals often retain extraordinary skills and expertise to break into any
organization’s secured network center. The criminal fully utilizes automated freeware
tools available on computers and the Internet and breaks into the organization’s secured network system, data, assets, resources, and makes forensic investigation exceedingly.
- These extraordinary skills, expertise, and availability of automated freeware tools are creating a considerable obstacle against the forensic investigation process. We are the nation of law.
Question 2:3. Develop a measurable research framework of amendment items needed to strengthen the computer fraud and Abuse Act (CFAA), and expand forensic investigator authority over criminal activities.